- 1 - NC: 2025:KHC:3922 WP No. 3530 of 2023 c/w WP No. 3563 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3530 OF 2023 (GM-RES) c/w WRIT PETITION NO.3563 OF 2023 (GM-RES) In W.P.No.3530/2023 BETWEEN: 1. M/S ITALIX LIVING SPACES PVT. LTD. REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS OFFICE AT: NO 38, ULSOOR ROAD, BANGALORE - 560042 REPRESENTED BY ITS DIRECTORS MR. VASUDEVA SATYAMURTHY, MR. DURBHAKALA VAMSI SAI 2. MR. VASUDEVA SATYAMURTHY, S/O SATYA MURTHY, AGED ABOUT 56 YEARS, WORKING AT NO 38, ULSOOR ROAD, BANGALORE 560042 3. MR. DURBHAKULA VAMSI SAI AGED ABOUT 53 YEARS, WORKING AT NO.38, ULSOOR ROAD, BANGALORE 560042 4. MR. SUMMIT CHATTERJEE, AGED ABOUT 53 YEARS, WORKING AT NO. 38, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3922 WP No. 3530 of 2023 c/w WP No. 3563 of 2023 ULSOOR ROAD, BANGALORE 560042 …PETITIONERS (BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR SMT. VANDANA P. L., ADVOCATE) AND: PRADHANANI CHATRABHUJ BASSARMAL, S/O LATE BASSARMAL HOTCHAND PARDHANANI PERMANENT R/AT FLAT NO.1504, AL MAS TOWERS, DUBAI MARINA, PO BOX 5418, DUBAI, UAE AND BANGALORE RESIDENT AT: NO 46/3, FAIR FIELD LAYOUT, RACE COURSE ROAD, BANGALORE – 560 001 BY HIS POWER OF ATTORNEY HOLDER, MR. M. SAHADEVA REDDY AGED ABOUT 67 YEARS, S/O LATE SRI M. BASI REDDY, R/AT NO.185, AMAR JYOTHI LAYOUT, 5TH MAIN, DOMLUR INNER RING ROAD, BANGALORE – 560 071 …RESPONDENT (BY SRI. B.S. SATYANAND, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF INDIAN CONSTITUTION READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON’BLE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64) BENGALURU, IN CRL.RP.NO.74/2022 DATED 16.01.2023 FILED BY THE PETITIONERS HEREIN AND ETC. In W.P. NO.3563/2023 BETWEEN: 1. M/S ITALIX LIVING SPACES PVT LTD HAVING ITS OFFICE AT NO.38, ULSOOR ROAD, BANGALORE-560042 REPRESENTED BY ITS DIRECTORS, MR VASUDEVA SATYAMURTHY MR DURBHAKALA VAMSI SAI - 3 - NC: 2025:KHC:3922 WP No. 3530 of 2023 c/w WP No. 3563 of 2023 2. MR. VASUDEVAN SATYAMURTHY S/O SATYA MOORTHY AGED MAJOR WORKING AT NO.38, ULSOOR ROAD, BANGALORE-560042 3. MR. DURBHAKULA VAMSI SAI AGED MAJOR WORKING AT NO.38, ULSOOR ROAD, BANGALORE-560042 4. MR. SUMMIT CHATTERJEE AGED MAJOR, WORKING AT NO.38, ULSOOR ROAD, BANGALORE-560042 …PETITIONERS (BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR SMT. VANDANA P. L., ADVOCATE) AND: PRADHANANI CHATRABHUJ BASSARMAL S/O LATE BASSARMAL HOTCHAND PARDHANANI PERMANET R/AT FLAT NO.1504, AL MAS TOWERS, DUBAI MARINA, PO BOX 5418, DUBAI UAE AND BANGALORE RESIDENT AT NO.46/3, FAIR FIELD LAYOUT, RACE COURSE ROAD, BANGALORE-560001 BY HIS POWER OF ATTORNEY HOLDER MR. M SAHADEVA REDDY, AGED ABOUT 67 YEARS, S/O LATE SRI M BASI REDDY, R/AT NO.185, AMAR JYOTHI LAYOUT, 5TH MAIN, DOMLUR INNER RING ROAD, BANGALORE - 560 071 …RESPONDENT (BY SRI. B.S. SATYANAND, ADVOCATE) - 4 - NC: 2025:KHC:3922 WP No. 3530 of 2023 c/w WP No. 3563 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF INDIAN CONSTITUTION READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON’BLE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64) BENGALURU, IN CRL.RP.NO.73/2022 DATED 16.01.2023 FILED BY THE PETITIONERS HEREIN AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER After arguing the matter for some time, Sri.M.S.Shyam Sundar, learned Senior Counsel for the petitioner submits that the petitioner intends to urge various contentions before the Trial Court including the contention with regard to very maintainability of the proceedings under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’ for short), in the light of arbitration proceedings already having been initiated by the respondent – complainant against the petitioner – accused, which are pending before the Arbitration Tribunal, which would render the impugned proceedings under Section 138 of NI Act not maintainable in law and the Trial Court may be directed to consider all contentions including maintainability of the complaint after providing sufficient and reasonable opportunity to the petitioner and dispose of the matter in accordance with law. - 5 - NC: 2025:KHC:3922 WP No. 3530 of 2023 c/w WP No. 3563 of 2023 2. Per contra, Sri.B.S.Satyanand, learned counsel for the respondent submits that respondent would also urge all contentions on the merits as well as maintainability before the Trial Court and submits that all rival contentions may be kept open to be decided by the Trial Court. 3. The aforesaid submissions of both sides are placed on record. 4. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to dispose of the petitions by directing the Trial Court to consider all rival contentions including contentions regarding maintainability of the proceedings under Section 138 of NI Act in the light of the pending arbitration proceedings and dispose of the complaint filed by respondent, as expeditiously as possible, after providing sufficient and reasonable opportunity to both sides. 5. Leaving open all contentions to be decided by the Trial Court, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS: List No.: 3 Sl No.: 5